Texas Education Code

Sec. § 29.015
Special Education Decision-making for Children in Foster Care


A foster parent may act as a parent of a child with a disability, as authorized under 20 U.S.C. Section 1415(b) and its subsequent amendments, if:


the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child;


the rights and duties of the department to make decisions regarding education provided to the child under Section 153.371 (Rights and Duties of Nonparent Appointed As Sole Managing Conservator), Family Code, have not been limited by court order; and


the foster parent agrees to:


participate in making special education decisions on the child’s behalf; and


complete a training program that complies with minimum standards established by agency rule.


A foster parent who will act as a parent of a child with a disability as provided by Subsection (a) must complete a training program before the next scheduled admission, review, and dismissal committee meeting for the child but not later than the 90th day after the date the foster parent begins acting as the parent for the purpose of making special education decisions.


A school district may not require a foster parent to retake a training program to continue serving as a child’s parent or to serve as the surrogate parent for another child if the foster parent has completed a training program to act as a parent of a child with a disability provided by:


the Department of Family and Protective Services;


a school district;


an education service center; or


any other entity that receives federal funds to provide special education training to parents.


A foster parent who is denied the right to act as a parent under this section by a school district may file a complaint with the agency in accordance with federal law and regulations.


Not later than the fifth day after the date a child with a disability is enrolled in a school, the Department of Family and Protective Services must inform the appropriate school district if the child’s foster parent is unwilling or unable to serve as a parent for the purposes of this subchapter.
Added by Acts 1999, 76th Leg., ch. 430, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 1, eff. September 1, 2017.

Last accessed
Jun. 7, 2021